Oliver trial: what’s at stake
Councilman Ken Oliver’s trial Tuesday marks the first time a Baltimore County Councilman has been charged with a crime while still in office. If convicted of any of the charges, which include two felonies and six misdemeanors, Oliver could be forced to resign or be removed from the position he has held since December 2002 — which would also be another first in Batimore County.
Oliver’s trial could last up to three days.
The councilman heads to court Tuesday morning to stand trial on an eight-count criminal indictment that alleges, amongst other things, that he stole from money from his campaign account.
Oliver, in his second term in office, is charged with two felony counts of theft for writing two $2,000 checks to his wife and himself.
Section 1002.1 of the County Charter provides for the removal of any elected official who is convicted of a felony or who is convicted for a misdemeanor related to his or her public duties for which there is the possibility of jail time.
The law is based on a state statute. The state law also calls for the official to forfeit salary and benefits accrued from the date of the crime forward. County law is silent on that part, but some observers say it could be a matter for litigation.
If all that plays out, it could potentially leave Oliver on the hook for everything he earned dating back to the day he took office since the state set the date of the crime in May 2002, a full five months before the councilman was sworn in. That could add up to $300,000 in salary, plus his benefits and the loss of his pension; not to mention fines and jail time that could come with a sentence for any conviction.
The section 205 charter also provides for how vacancies are filled. The county Democratic Central Committee will have up to 30 days to submit the name of a replacement to the county executive.